Palselvam .P v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 11.10.2022

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.23349 of 2022 P.Palselvam ..Petitioner Vs 1.The Tahsildar, Madurai North Taluk, Madurai District.

2.The Head Surveyor, Madurai North Taluk, Madurai District.

..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to survey and demarcate the Petitioner's land comprised in S.Nos.64/4A, 64/3A and 64/4C admeasuring 80,69 and 24 1⁄2 cents respectively situated at Kallikudi Village, Madurai North Taluk, Madurai within the time frame fixed by this Court.

For Petitioner :Mr.Palselvam, Party in person For Respondents:Mr.A.Kannan 1 and 2 Addl. Govt. Pleader

ORDER

The Petitioner has prayed for issuance of a Writ of Mandamus directing respondents to survey and demarcate the Petitioner's land comprised in S.Nos.64/4A, 64/3A and 64/4C admeasuring 80,69 and 24

1⁄2 cents respectively situated at Kallikudi Village, Madurai North Taluk, Madurai within the time frame fixed by this Court. 2.Mr.A.Kannan, learned Additional Government Pleader takes notice for the respondents 1 and 2. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself. 3.The case of the Petitioner is that he had purchased the above said lands on 23.09.2020 in Document Nos.1913 and 1912 of 2020 from third parties and that the patta for the said lands also stood in his name. Whileso, ther Petitioner wants to mutate the revenue records in his name and for that purpose he submitted an application on 10.6.2021 before the respondents to demarcate the boundary of the above-said lands. The Petitioner has also paid the necessary fees for the same.

After submitting the application, the Petitioner requested the second respondent to survey and demarcate the boundaries of his above said lands on various occasions and it was neither rejected nor considered by the above-said authorities. The petitioner has also paid necessary fees for the survery and demarcation on 7.6.2022 through online. Since no steps having been taken, the Petitioner has come forward with the present Writ Petition for the relief stated supra.

4.The learned Additional Government Pleader appearing for the

respondents 1 and 2, on instructions, would submit that throny bushes spread over the Petitioner's lands and hence the authorities are unable to enter into his properties to survey the same. He would further submit that if the Petitioner removed the bushes, the respondents will immediately survey the Petitioner's properties and demarcate them, as sought for by the Petitioner.

5.In view of the above submission, the Petitioner is directed to remove the thorny bushes in the above said lands on or before 31.10.2022 and inform the same to the respondents. On such information being received, the first respondent is directed to survey and demarcate the Petitioner's above referred lands based on his application, dated 10.6.2021 on or before 2.11.2022, failing which, the first respondent is directed to complete the said process within a week thereon. 6.With the above directions, this Writ Petition is disposed of. No costs.

11.10.2022 Index : Yes/No Internet:Yes/No vsn

To 1.The Tahsildar, Madurai North Taluk, Madurai District.

2.The Head Surveyor, Madurai North Taluk, Madurai District.

V.BHAVANI SUBBAROYAN,J vsn ORDER MADE IN W.P(MD)No.23349 of 2022 11.10.2022